Reduction of pay scale benefits without opportunity of hearing violates principles of natural justice.

The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the orders dated 27.12.2018, 15.01.2019, and 29.04.2019 passed by the respondent authorities

These orders reduced the effect of the higher pay scale benefits previously granted to the petitioner, who sought the second higher grade pay scale upon the completion of 24 years of service

The petitioner’s primary contention was that the foundational order dated 27.12.2018, passed by respondent No. 2, was issued without providing any opportunity for a hearing or a show-cause notice

1. Whether the impugned order dated 27.12.2018, which reduced the benefit of the higher pay scale, was passed in violation of the principles of natural justice

The Court exercised its extraordinary jurisdiction under Article 226 of the Constitution of India

It primarily applied the fundamental Principles of Natural Justice, specifically the doctrine of audi alteram partem (the right to be heard).

This principle dictates that any administrative or quasi-judicial order entailing civil consequences or the withdrawal of a benefit must be preceded by a fair opportunity for the affected party to present their case

The petitioner argued that the reduction of the higher pay scale was a unilateral administrative action taken without notice

The respondent State, represented by the Assistant Government Pleader (AGP), was unable to provide evidence or controvert the fact that the order was passed without affording the petitioner an opportunity to be heard

Based on this undisputed procedural lapse, the Court found the order to be in manifest violation of natural justice

The Court expressly declined to evaluate the substantive merits of the petitioner's entitlement to the pay scale at this stage, holding that the failure to observe due process was sufficient to quash the order and remand the matter for fresh consideration

The matter was remanded to respondent No. 2 for fresh adjudication. The Court directed the respondent to: (i) issue a show-cause notice to the petitioner; (ii) provide an opportunity for a personal hearing; and (iii) pass a fresh order in accordance with the law after considering any written representations

All contentions regarding the merits of the pay scale were kept open for the fresh adjudication